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June 27, 2018

Proposed Regulations Add Protections for Transgender Individuals

On June 24, 2018, Governor Cuomo directed the NYS State Department of Health to revise its regulations to provide additional protections for transgender patients. The proposed regulations amend Part 405 of the hospital code to prohibit discrimination based on gender identity.

Cuomo also directed the NYS Department of Financial Services to issue regulations expanding the scope of anti-discrimination protections for transgender individuals accessing health insurance. The Affordable Care Act previously protected transgender people from discrimination in individual and small group health insurance policies, but did not provide protections in large group policies. The proposed amendment to Insurance Regulation 62 clarifies that existing non-discrimination protections include gender identity and are applicable in large group accident and health insurance policies that provide hospital, surgical, or medical expense coverage.

Cuomo’s press release with links to the proposed regulations can be read here. Once the Part 405 amendment is formally adopted, all hospitals will be required to update their statement of patient rights to include language stating that patients have the right to treatment without discrimination based on gender identity.

If you have any questions regarding the content of this blog post, please contact Fran Ciardullo, special counsel, at fciardullo@barclaydamon.com or 315.425.2866.

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